People v. Simpson

Appellate Division of the Supreme Court of New York

People v. Simpson

66 A.D.2d 1008, 411 N.Y.S.2d 755, 1978 N.Y. App. Div. LEXIS 14376

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1978

StatusPublished

This text of 66 A.D.2d 1008 (People v. Simpson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Simpson, 66 A.D.2d 1008, 411 N.Y.S.2d 755, 1978 N.Y. App. Div. LEXIS 14376 (N.Y. Ct. App. 1978).

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Opinion

Case held, decision reserved and matter remitted to Monroe County Court, for further proceedings in accordance with the following memorandum: The defendant was convicted of one count of robbery in the second degree (Penal Law, § 160.10, subd 1). Among other things, he contends that he was denied his right to a speedy trial in violation of CPL 30.30. The trial court, after hearing oral arguments, denied his motion for dismissal of the indictment without making findings concerning statutory periods of exclusion. As the trial court noted, this case involved numerous adjournments. Some of these periods of delay may be charged to the defendant. However, it is impossible to determine such periods of delay from this record. On remand the trial court should conduct a hearing and make appropriate findings in accordance with CPL 30.30 (subd 4). At the hearing it will be incumbent upon the prosecution to establish statutory periods of exclusion which justify the delay (People v Del [1009]*1009Valle, 63 AD2d 830). We have considered the other issues raised by the defendant and find them to be without merit. (Appeal from judgment: of Monroe County Court—robbery, second degree, and grand larceny, third degree.) Present—Marsh, P. J., Cardamone, Dillon, Schnepp and Witmer, JJ.

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Case held, decision reserved and matter remitted to Monroe County Court, for further proceedings in accordance with the following memorandum: The defendant was convicted of one count of robbery in the second degree (Penal Law, § 160.10, subd 1). Among other things, he contends that he was denied his right to a speedy trial in violation of CPL 30.30. The trial court, after hearing oral arguments, denied his motion for dismissal of the indictment without making findings concerning statutory periods of exclusion. As the trial court noted, this case involved numerous adjournments. Some of these periods of delay may be charged to the defendant. However, it is impossible to determine such periods of delay from this record. On remand the trial court should conduct a hearing and make appropriate findings in accordance with CPL 30.30 (subd 4). At the hearing it will be incumbent upon the prosecution to establish statutory periods of exclusion which justify the delay (People v Del [1009]*1009Valle, 63 AD2d 830). We have considered the other issues raised by the defendant and find them to be without merit. (Appeal from judgment: of Monroe County Court—robbery, second degree, and grand larceny, third degree.) Present—Marsh, P. J., Cardamone, Dillon, Schnepp and Witmer, JJ.

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Bluebook (online)

66 A.D.2d 1008, 411 N.Y.S.2d 755, 1978 N.Y. App. Div. LEXIS 14376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simpson-nyappdiv-1978.

Opinion

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